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Author: Marc Simon Thomas Publisher: Routledge ISBN: 1317039181 Category : Law Languages : en Pages : 418
Book Description
Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.
Author: Marc Simon Thomas Publisher: Routledge ISBN: 1317039181 Category : Law Languages : en Pages : 418
Book Description
Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.
Author: Boaventura de Sousa Santos Publisher: Taylor & Francis ISBN: 1000914097 Category : Political Science Languages : en Pages : 355
Book Description
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Author: Almut Schilling-Vacaflor Publisher: Routledge ISBN: 131708862X Category : Political Science Languages : en Pages : 447
Book Description
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Author: Publisher: ISBN: Category : Languages : en Pages : 336
Author: Miriam Shlesinger Publisher: John Benjamins Publishing ISBN: 9027222568 Category : Language Arts & Disciplines Languages : en Pages : 257
Book Description
First published as a Special Issue of "Interpreting" (10:1, 2008) and complemented with two articles published in "Interpreting" (12:1, 2010), this volume provides a panoramic view of the complex and uniquely constrained practice of court interpreting. In an array of empirical papers, the nine authors explore the potential of court interpreters to make or break the proceedings, from the perspectives of the minority language speaker and of the other participants. The volume offers thoughtful overviews of the tensions and conflicts typically associated with the practice of court interpreting. It looks at the attitudes of judicial authorities towards interpreting, and of interpreters towards the concept of a code of ethics. With further themes such as the interplay of different groups of "linguists" at the Tokyo War Crimes Tribunal and the language rights of indigenous communities, it opens novel perspectives on the study of interpreting at the interface between the letter of the law and its implementation.
Author: Rachel Sieder Publisher: Rutgers University Press ISBN: 0813587956 Category : Political Science Languages : en Pages : 310
Book Description
Across Latin America, indigenous women are organizing to challenge racial, gender, and class discrimination through the courts. Collectively, by engaging with various forms of law, they are forging new definitions of what justice and security mean within their own contexts and struggles. They have challenged racism and the exclusion of indigenous people in national reforms, but also have challenged ‘bad customs’ and gender ideologies that exclude women within their own communities. Featuring chapters on Bolivia, Colombia, Ecuador, Guatemala, and Mexico, the contributors to Demanding Justice and Security include both leading researchers and community activists. From Kichwa women in Ecuador lobbying for the inclusion of specific clauses in the national constitution that guarantee their rights to equality and protection within indigenous community law, to Me’phaa women from Guerrero, Mexico, battling to secure justice within the Inter-American Court of Human Rights for violations committed in the context of militarizing their home state, this book is a must-have for anyone who wants to understand the struggle of indigenous women in Latin America.
Author: Boaventura de Sousa Santos Publisher: Cambridge University Press ISBN: 100935356X Category : Law Languages : en Pages : 823
Book Description
Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination – capitalism, colonialism, and patriarchy – to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.
Author: Irina Alexandra Feldman Publisher: University of Pittsburgh Press ISBN: 0822979519 Category : Literary Criticism Languages : en Pages : 195
Book Description
Peruvian novelist, poet, and anthropologist Jose Maria Arguedas (1911-1969) was a highly conflicted figure. As a mestizo, both European and Quechua blood ran through his veins and into his cosmology and writing. Arguedas's Marxist influences and ethnographic work placed him in direct contact with the subalterns he would champion in his stories. His exposes of the conflicts between Indians and creoles, and workers and elites were severely criticized by his contemporaries, who sought homogeneity in the nation-building project of Peru. In Rethinking Community from Peru, Irina Alexandra Feldman examines the deep political connotations and current relevance of Arguedas's fiction to the Andean region. Looking principally to his most ambitious and controversial work, All the Bloods, Feldman analyzes Arguedas's conceptions of community, political subjectivity, sovereignty, juridical norm, popular actions, and revolutionary change. She deconstructs his particular use of language, a mix of Quechua and Spanish, as a vehicle to express the political dualities in the Andes. As Feldman shows, Arguedas's characters become ideological speakers and the narrator's voice is often absent, allowing for multiple viewpoints and a powerful realism. Feldman examines Arguedas's other novels to augment her theorizations, and grounds her analysis in a dialogue with political philosophers Walter Benjamin, Jean-Luc Nancy, Carl Schmitt, Jacques Derrida, Ernesto Laclau, and çlvaro Garcia-Linera, among others. In the current political climate, Feldman views the promise of Arguedas's vision in light of Evo Morales's election and the Bolivian plurality project recognizing indigenous autonomy. She juxtaposes the Bolivian situation with that of Peru, where comparatively limited progress has been made towards constitutional recognition of the indigenous groups. As Feldman demonstrates, the prophetic relevance of Arguedas's constructs lie in their recognition of the sovereignty of all ethnic groups and their coexistence in the modern democratic nation-state, in a system of heterogeneity through autonomy—not homogeneity through suppression. Tragically for Arguedas, it was a philosophy he could not reconcile with the politics of his day, or from his position within Peruvian society.
Author: Rachel Sieder Publisher: Routledge ISBN: 1317291271 Category : Political Science Languages : en Pages : 978
Book Description
An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.
Author: Fernanda Frizzo Bragato Publisher: Rowman & Littlefield ISBN: 1786605139 Category : Philosophy Languages : en Pages : 263
Book Description
Gathering researchers from or towards Global South epistemologies, this book enriches the debate on crucial questions for liberation in the South and the improvement of South relations. It argues that coloniality and colonialism are not outdated phenomena of the historical past, but contemporary marks that remain repressed. The dominance of Eurocentric paradigm in the social sciences explains the long-lasting detachment between thinkers and politicians from the Global South, which have been historically presented according to their respective relations with the West (Europe and North America). The dialogue on common problems and challenges to people and societies in the South, largely derived from their colonial past and condition, is still sparing. This book actively promotes and demonstrates the value of intercultural dialogue and debate amongst voices from within the Global South on issues to do with decoloniality, cultural rights, law and politics.
Author: Marc Simon Thomas
Author: Marc Simon Thomas
Author: Boaventura de Sousa Santos
Author: Almut Schilling-Vacaflor
Author: 
Author: Miriam Shlesinger
Author: Rachel Sieder
Author: Boaventura de Sousa Santos
Author: Irina Alexandra Feldman
Author: Rachel Sieder
Author: Fernanda Frizzo Bragato